The Mandatory Mediation Program is expected to save time and money for a person or a business involved in a lawsuit, as an alternative to a traditional court system. This program does not apply to some family law cases or small claims court. The parties are referred to the mandatory mediation after they have filed all the pleadings with the court. These include a statement of claim, a statement of defense, counterclaims or third party claims.
Selection of a Mediator
The parties in the claim will have to select a mediator in the next 30 days after the defense was filed. They must choose a mediator from a list of mediators that have been put in place by a local mediation committee. A local mediation coordinator will choose a mediator if parties cannot agree on one.
How Long Is Mediation
There are several factors taken into consideration when determining the length of mediation, the minimum is three hours, sometimes longer and could be more sessions. Here are some of the factors in involved in mediation:
1- It will depend on how complex the case is
2- How well have all parties prepared?
3- How deep have they gotten into settlement discussions?
4- And, is the process of mediation working?
Mediation is not to continue for longer than three hours and the mediator can decide if it is settled or if mediation is not working, and cut it short. Mediation sessions can continue again if the parties have not come to a resolution, but feel mediation could continue to resolve any problems. Your injury lawyer in Richmond Hill can help you get the settlement done. You will need to discuss the details properly and get an impartial mediator to help settle the case.
Costs of Mediation
Mediation costs are shared by all parties equally and will directly pay the mediator for services. The cost of mediation fees that are court ordered are set by government. These sessions will allow one hour for preparation and three hours for mediation. The fees could range from $600 to $825, depending on how many parties there are. If it exceeds that amount, both parties must agree before mediation takes place. If you cannot afford mediation, you may obtain a legal aid certificate or meet a financial test for eligibility.
All parties and the mediator must agree to costs if the mediation session goes beyond three hours. Parties may pursue another mediation session before trial if the case was not settled during the mandatory mediation session. The traditional litigation process will continue if a case is not settled during mediation.